Pitkin County License Hearing Guide

Pitkin County DUI License Suspension & ALR Hearing

A DUI arrest in Pitkin County triggers two separate legal processes: a criminal case in the Pitkin County Combined Court, and an administrative action against your driver's license handled by the Colorado Department of Revenue, Division of Motor Vehicles (DMV). This guide focuses on the administrative side – specifically, how to fight a license suspension and what to do if your driving privileges are revoked. Understanding the administrative process and adhering to strict deadlines is crucial to protecting your ability to drive.

CRITICAL DEADLINE: Request a Hearing Within 7 Days

Upon arrest for DUI in Pitkin County, if you failed a breath test (BAC of 0.08 or higher) or refused to submit to testing, the arresting officer should have served you with a yellow "Notice of Revocation/Express Consent Affidavit." If a blood test was taken, you'll receive this notice by mail after the results are processed.

The most important thing to understand is that you have only seven (7) days from the date of this notice to request an administrative hearing with the Colorado DMV. This includes weekends and holidays.

**How to Request a Hearing:*To request a hearing, you must submit a written request. The request form is often found on the back of the yellow notice you received or on a separate form. You can submit this request via:

• Email: dor_hearingrequest@state.co.us (This is the fastest and preferred method, as it creates a timestamped record.)
• Fax: 303-205-5960 (A reliable alternative if email is not possible.)
• Mail: Colorado Department of Revenue, Driver Control Section, PO Box 173350, Denver, CO 80217-3350.

**What Happens If You Miss the Deadline?*Failing to request a hearing within the 7-day window results in the automatic revocation of your driver's license. The revocation begins on the 8th day following the notice if you took a breath/blood test, or on the date specified in the mailed notice if you took a blood test.

Gold Dust: Many defendants mistakenly assume their criminal defense attorney handles this automatically or that their initial court date covers it. This assumption is fatal to driving privileges. The request must be an affirmative action taken by the defendant or their counsel specifically with the DMV.

Automatic License Suspension

Colorado's Express Consent Law, which is triggered by a DUI arrest, mandates license suspension under certain circumstances.

If You Took the Breath/Blood Test and Failed

If your Breath Alcohol Content (BrAC) or Blood Alcohol Content (BAC) was 0.08 or higher, your license will be suspended. The length of the suspension depends on factors like prior offenses. For a first offense, the suspension is typically nine months. You may be eligible for a probationary license after one month with an Ignition Interlock Device (IID).

The arresting officer may have issued you a temporary driving permit, which is valid until either the hearing date or the date the suspension begins.

If You Refused Testing

Refusing to submit to a breath or blood test carries a harsher penalty than failing the test. In Colorado, refusing testing results in a one-year license revocation for a first offense.

Colorado operates under "implied consent" laws. This means that by driving on Colorado roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal to submit to testing can be used against you in both the administrative hearing and the criminal case.

The ALR/Administrative Hearing

What It Is

The Administrative License Revocation (ALR) hearing, also known as an Express Consent hearing, is a separate process from your criminal case. It's conducted by the Colorado DMV to determine whether your license should be suspended based on the circumstances of your DUI arrest.

The burden of proof at an ALR hearing is lower than in a criminal trial. The DMV only needs to show that it's more likely than not that you were driving under the influence.

How to Prepare

Preparing for an ALR hearing is crucial. While you can represent yourself, consulting with a DUI attorney is highly recommended. Here are some steps you can take:

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, dashcam footage, or any other relevant information.
• Consult with a DUI Attorney: A DUI attorney can help you understand the law, prepare your case, and represent you at the hearing.
• Understand What You Can Challenge: At the ALR hearing, you can challenge issues such as whether the officer had reasonable suspicion to stop you, whether there was probable cause for the arrest, and whether the breath or blood test was properly administered.

Friction Point: While the hearing request is processed centrally in Denver, the venue for the hearing (if held virtually) is technically associated with the jurisdiction of arrest. However, the centralization means local knowledge is less relevant than strict adherence to state administrative code.

Possible Outcomes

The ALR hearing can have three possible outcomes:

• Suspension Upheld: The DMV finds sufficient evidence to support the suspension of your license.
• Suspension Overturned: The DMV finds that the evidence does not support the suspension, and your license is reinstated.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted license, allowing you to drive for specific purposes like work, school, or medical appointments.

Hardship/Restricted License in Colorado law allows for limited driving privileges under certain circumstances even after a license revocation.

• Eligibility Requirements: Eligibility depends on factors such as the reason for the revocation, prior driving record, and participation in required alcohol education or treatment programs.
• What You Can Drive For: A restricted license typically allows driving only for essential purposes, such as getting to and from work, school, medical appointments, and court-ordered activities.
• Costs and Application Process: Applying for a restricted license involves submitting an application to the DMV, paying applicable fees, and providing proof of eligibility.
• IID Requirement: For refusals or high BAC (>= 0.15), an Ignition Interlock Device (IID) is mandatory for a minimum of 2 years. Even for first offenses with lower BACs, early reinstatement (after 1 month of no driving) requires an interlock.

Getting Your License Back

Reinstating your license after a DUI-related suspension or revocation involves several steps.

After Criminal Case Concludes

The outcome of your criminal case can impact the terms of your license reinstatement.

• Reinstatement Requirements: Before your license can be reinstated, you must complete all requirements imposed by the court and the DMV.
• Fees: You'll need to pay a $95 reinstatement fee plus a $30.87 fee for a new license.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, a certificate of financial responsibility that demonstrates you have adequate insurance coverage. This is often required for a period of three years. This document flags the driver to insurance companies as high-risk, often resulting in tripled premiums or policy cancellation.
• Classes/Programs That Must Be Completed: You may be required to complete DUI education classes, therapy, or other court-ordered programs.

Pitkin County DMV Offices

While the ALR hearing request is processed centrally, you may need to visit a DMV office for other license-related matters.

• Since the express consent hearing are mostly done remotely, the need to visit the DMV is not as prevalent, though not impossible.

Special Programs

• Ignition Interlock Device (IID) Program: If your license is suspended or revoked due to DUI, you may be required to install and maintain an IID in your vehicle as a condition of reinstatement or restricted driving privileges.
• Occupational License: Colorado does not offer a specific "occupational license." Instead, the restricted license serves a similar purpose.

Navigating the administrative process after a DUI arrest in Pitkin County can be overwhelming. Acting quickly, understanding your rights, and seeking legal guidance are essential steps to protecting your driving privileges.

Frequently Asked Questions

**Q: If I request an ALR hearing, will it be held in Aspen?*A: While the hearing request is processed centrally in Denver, the venue for the hearing (if held virtually) is technically associated with the jurisdiction of arrest. However, the centralization means local knowledge is less relevant than strict adherence to state administrative code.

**Q: I missed the 7-day deadline to request an ALR hearing. Is there anything I can do?*A: Unfortunately, missing the 7-day deadline typically results in an automatic license revocation. However, you should consult with a DUI attorney to explore any potential options for relief, such as challenging the validity of the notice you received.

**Q: If I get a restricted license, can I drive my kids to school?*A: Whether you can drive your kids to school with a restricted license depends on the specific restrictions placed on your license. Typically, driving for childcare purposes is not allowed unless it's specifically related to work or medical needs. Review the terms of your restricted license carefully.